{"id":"food-regulations-2009","name":"Food Regulations 2009","slug":"food-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176676,"registerId":"wa-food-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Regulations 2009","content":"![Crest]()Western Australia\n\nFood Act 2008\n\nFood Regulations 2009\n\nWestern Australia\n\nFood Regulations 2009\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Appropriate enforcement agency: CEO (s. 8) 2\n\n5. Appropriate enforcement agency: local government (s. 8) 3\n\n6. Food production activities that are not primary food production (s. 11(2)) 4\n\nPart 2 — Adoption of Food Standards Code\n\n7. Adoption of Food Standards Code (s. 144(7)) 5\n\n8. FSC standard 4.2.4 clause 15: express provision for goat’s milk 5\n\nPart 3 — Exempted food businesses\n\n9. Term used: potentially hazardous food 6\n\n10. Food businesses conducted as fundraising events (s. 109) 6\n\n11. Food businesses that sell certain packaged food (s. 109) 7\n\n12. Food businesses that provide complimentary drinks in conjunction with another kind of business (s. 109) 7\n\n13. Food businesses conducted at registered establishments (s. 109) 7\n\nPart 4 — Control of pathogens\n\n14. Term used: pathogen 8\n\n15. CEO to be informed of isolation of pathogens associated with food businesses 8\n\n16. CEO may give directions 9\n\nPart 5 — Meat hygiene\n\nDivision 1 — Preliminary\n\n17. Terms used 10\n\nDivision 2 — Adoption of certain Australian Standards\n\n18. Adoption of certain Australian Standards (s. 144(6)) 12\n\n19. Modification of adopted standards 13\n\nDivision 3 — Inspection and branding\n\n20. Application of Division to primary producers 13\n\n21. Inspection of animals and carcases at abattoirs 14\n\n22. Branding carcases if fit for human consumption 15\n\n23. Branding carcases if fit for consumption by animals 15\n\n24. How carcases are to be branded 16\n\n25. Branding carcases if unfit for human consumption or unfit for consumption by animals 17\n\n26. Offences relating to brands or tags 17\n\n27. Restrictions on sale of carcases 18\n\nDivision 4 — Pet meat\n\nSubdivision 1 — Preliminary\n\n28. Term used: proprietor 19\n\nSubdivision 2 — Staining of pet meat\n\n29. Term used: dressing 19\n\n30. Requirement for pet meat to be stained 19\n\n31. How pet meat is to be stained 20\n\n32. Removal of stain from pet meat prohibited 20\n\nSubdivision 3 — Requirements relating to packaged and unpackaged pet meat\n\n33. Pet meat sold by food businesses to be packaged 20\n\n34. Unpackaged pet meat to be sold only at animal food processing premises or retail pet meat shops 21\n\n35. Unpackaged pet meat to be stored at animal food processing premises and retail pet meat shops in marked containers 21\n\n36. Unpackaged pet meat and food not to be processed, handled or sold at same food business premises 22\n\nSubdivision 4 — Other requirements\n\n37. Proprietor of animal food processing premises to establish and maintain system for tracing pet meat 23\n\n38. Meat and game meat for human consumption not to be stored in animal food processing premises 24\n\n39. Pet meat not to be sold as food 24\n\nSubdivision 5 — Notification of conduct of business at animal food processing premises and retail pet meat shops\n\n40. Notification of conduct of business at animal food processing premises and retail pet meat shops 24\n\nDivision 5 — Statements and inspection fees\n\n41. Statements and inspection fees 25\n\n42. Application of inspection fees 26\n\n43. Local governments may require security 26\n\n44. Application of security to recover unpaid fees 27\n\n45. Withdrawal of inspection services 27\n\nDivision 6 — Premises used in meat production\n\n46. Abattoirs and processing premises to comply with requirements of adopted standards 28\n\n47. Slaughtering and processing to comply with requirements of adopted standards 28\n\nDivision 7 — Premises used in game meat production\n\n48. Field depots to comply with requirements of wild game standard 29\n\n49. Wild game meat processing establishments to comply with requirements of wild game standard 29\n\nDivision 8 — Transporting meat and game meat\n\n50. Vehicles transporting meat or game meat 30\n\nPart 6 — Miscellaneous\n\n51. Enforcement agency may make list of food businesses publicly available 31\n\n52. Prescribed fees 31\n\n53. Prescribed offences and modified penalties (s. 126) 31\n\n54. Prescribed forms (s. 126(3) and (7)) 31\n\nSchedule 1 — Inspection fees\n\nSchedule 2 — Prescribed fees\n\nSchedule 3 — Prescribed offences and modified penalties\n\nSchedule 4 — Infringement notice\n\nSchedule 5 — Notice to withdraw infringement notice\n\nNotes\n\nCompilation table 40\n\nEditorial changes table 42\n\nOther notes 42\n\nDefined terms\n\n  \n\nFood Act 2008\n\nFood Regulations 2009\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Food Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Food Act 2008* section 147(14) comes into operation 1.\n\n##### 3. Terms used\n\nIn these regulations —\n\nabattoir means premises used for or in connection with the slaughtering of animals for human consumption, including holding yards and similar places;\n\nanimal food processing premises has the meaning given in regulation 17;\n\ndistrict means an area that has been declared to be a district under the *Local Government Act 1995*;\n\nFSC standard means a standard that forms part of the Food Standards Code;\n\nregistered establishment has the meaning given in the *Export Control Act 2020* (Commonwealth) section 12;\n\nretail pet meat shop has the meaning given in regulation 17;\n\nwild game meat processing establishment has the meaning given in the wild game standard;\n\nwild game standard means the standard adopted under regulation 18(1)(e).\n\n##### 4. Appropriate enforcement agency: CEO (s. 8)\n\n(1) In this regulation —\n\nbivalve mollusc has the meaning given in FSC standard 4.2.1;\n\ndairy primary production business has the meaning given in FSC standard 4.2.4;\n\ndairy processing business has the meaning given in FSC standard 4.2.4;\n\ndairy transport business has the meaning given in FSC standard 4.2.4;\n\nKing’s Park means all of the land from time to time within Reserve No. 1720 classified as of Class A;\n\nmanufacturing of seafood has the meaning given in FSC standard 4.2.1;\n\nprimary production of seafood has the meaning given in FSC standard 4.2.1;\n\npublic hospital has the meaning given in the *Health Services Act 2016* section 8(6);\n\nRottnest Island means the Rottnest Island Reserve described in the *Rottnest Island Authority Act 1987* section 4.\n\n(2) For the definition of ***appropriate enforcement agency*** in section 8 of the Act, the CEO is the appropriate enforcement agency for the purposes of a provision to the extent to which the provision has effect in relation to a food business that —\n\n(a) is conducted at a public hospital and prepares food for patients in the hospital; or\n\n(b) is a dairy primary production business, a dairy processing business or a dairy transport business; or\n\n(c) is engaged in the primary production of seafood, or the manufacturing of seafood, if the seafood involved in that primary production or manufacturing consists of or includes bivalve molluscs; or\n\n(da) is conducted at premises located in King’s Park or on Rottnest Island; or\n\n(d) is not in a district.\n\n[Regulation 4 amended: Gazette 20 Mar 2015 p. 905‑6; 24 Jun 2016 p. 2312.]\n\n##### 5. Appropriate enforcement agency: local government (s. 8)\n\nFor the definition of ***appropriate enforcement agency*** in section 8 of the Act, a local government is the appropriate enforcement agency for the purposes of a provision —\n\n(a) if the CEO is not the appropriate enforcement agency for the purposes of the provision under regulation 4; and\n\n(b) to the extent to which the provision has effect in relation to —\n\n(i) a food business that is conducted at premises in the local government’s district; or\n\n(ii) animal food processing premises in the local government’s district; or\n\n(iii) a retail pet meat shop in the local government’s district.\n\n##### 6. Food production activities that are not primary food production (s. 11(2))\n\nFor section 11(2) of the Act, any food production activity to which a standard in Chapter 4 of the Food Standards Code applies is prescribed.\n\n## Part 2 — Adoption of Food Standards Code\n\n##### 7. Adoption of Food Standards Code (s. 144(7))\n\nUnder section 144(7) of the Act, the Food Standards Code is adopted as in force from time to time.\n\n##### 8. FSC standard 4.2.4 clause 15: express provision for goat’s milk\n\nClause 15 of FSC standard 4.2.4 does not apply to goat’s milk.\n\n## Part 3 — Exempted food businesses\n\n##### 9. Term used: potentially hazardous food\n\nIn this Part —\n\npotentially hazardous food has the meaning given in FSC standard 3.2.2.\n\n##### 10. Food businesses conducted as fundraising events (s. 109)\n\n(1) For section 109 of the Act, a food business conducted at any premises is an exempted food business  in respect of those premises if —\n\n(a) the food business is conducted to raise money solely for purposes that are of a charitable or community nature; and\n\n(b) any food handled in the course of conducting the food business —\n\n(i) is not potentially hazardous food; or\n\n(ii) after being appropriately cooked, is provided by the food business for immediate consumption.\n\n(2) If —\n\n(a) a food business conducted at any premises is an exempted food business under subregulation (1); and\n\n(b) notification is given by the proprietor of the food business under section 107(1) of the Act in respect of those premises,\n\nthe requirement for the notification to be accompanied by a fee under section 107(3) or (4) of the Act does not apply.\n\n##### 11. Food businesses that sell certain packaged food (s. 109)\n\nFor section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if the food business consists solely of selling food —\n\n(a) that is not potentially hazardous food; and\n\n(b) that cannot be handled in the course of conducting the food business because the food is contained in a closed package.\n\n##### 12. Food businesses that provide complimentary drinks in conjunction with another kind of business (s. 109)\n\nFor section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if the food business consists solely of providing complimentary drinks in conjunction with another business conducted at those premises that is not a food business.\n\n##### 13. Food businesses conducted at registered establishments (s. 109)\n\nFor section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if the premises are, or form part of, a registered establishment.\n\n## Part 4 — Control of pathogens\n\n##### 14. Term used: pathogen\n\nIn this Part —\n\npathogen means any of these pathogens —\n\n(a) *Listeria monocytogenes*;\n\n(b) all *Salmonella* species;\n\n(c) all *Shigella* species;\n\n(d) verotoxigenic E. coli.\n\n##### 15. CEO to be informed of isolation of pathogens associated with food businesses\n\n(1) Subregulation (2) applies to a person if —\n\n(a) the person is the proprietor of a food business and is informed of the isolation, or suspected isolation, of a pathogen from food, a person, premises, a vehicle or anything else associated with the food business; or\n\n(b) the person is in charge of a laboratory at which a pathogen is isolated, or suspected to have been isolated, from food, a person, premises, a vehicle or anything else associated with a food business.\n\n(2) The person —\n\n(a) must immediately give the CEO oral notice of the isolation, or suspected isolation, referred to in subregulation (1); and\n\n(b) within 24 hours after giving the oral notice — must give the CEO written notice, in the approved form, confirming the oral notice.\n\nPenalty: a fine of $5 000.\n\n##### 16. CEO may give directions\n\n(1) The CEO may give any person an oral or written direction as to the procedures to be followed by the person in respect of a pathogen of which the CEO has been given notice under regulation 15.\n\n(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subregulation (1).\n\nPenalty: a fine of $5 000.\n\n(3) If the CEO gives a person an oral direction under subregulation (1), the CEO must, as soon as is practicable, give the person a written direction confirming the oral direction.\n\n(4) Without limiting subregulation (1), the procedures in relation to which a direction may be given under that subregulation include —\n\n(a) the preparation, packing, storing, handling, conveying, disposal or isolation of food that contains, or is suspected to contain, a pathogen; and\n\n(b) the procedures to be undertaken to complete the identification of the micro‑organism that is, or is suspected to be, a pathogen.\n\n## Part 5 — Meat hygiene\n\n### Division 1 — Preliminary\n\n##### 17. Terms used\n\nIn this Part —\n\nadopted standard means a standard adopted under regulation 18(1);\n\nanimal does not include a fish, crustacean or mollusc;\n\nanimal food processing premises means —\n\n(a) a pet meat processing establishment; or\n\n(b) a knackery;\n\nauthorised officer means an authorised officer whose appointment under section 122 of the Act authorises the officer to perform functions for the purposes of this Part;\n\ncarcase means the whole or part of the body of a slaughtered animal but does not include any part of the body (such as blood, viscera, head or hide) removed or severed during or immediately following slaughter;\n\nfield depot has the meaning given in the wild game standard;\n\ngame means bird, buffalo, camel, deer, donkey, goat, hare, horse, kangaroo, rabbit, pig, possum or wallaby;\n\ngame meat has the meaning given in FSC standard 1.6.2;\n\nknackery means premises at which animals are slaughtered for the production of pet meat;\n\nmeat has the meaning given in FSC standard 2.2.1;\n\nmeat standard means the standard adopted under regulation 18(1)(a);\n\npet meat means raw meat or raw game meat that is intended for consumption by animals that are domesticated or kept in captivity;\n\npet meat processing establishment means premises at which pet meat is processed, identified, handled, packed or stored;\n\npoultry means avian species ordinarily consumed by humans (such as fowls, ducks, geese, turkeys, pigeons, pheasants, quails and guinea fowls) but does not include emus or ostriches;\n\nprocessing premises means —\n\n(a) premises where meat is processed for human consumption; or\n\n(b) premises where smallgoods are manufactured; or\n\n(c) butchers’ premises where the butcher supplies meat and meat products for further processing and sale (whether or not in conjunction with retail sales),\n\nbut does not include —\n\n(d) butchers’ premises, or other premises, if the sales from the premises are predominantly retail sales; or\n\n(e) field depots or wild game meat processing establishments;\n\nproprietor, of an abattoir, processing premises or other premises at which a food business is conducted, means the proprietor of the food business conducted at those premises;\n\nproprietor, of animal food processing premises, means —\n\n(a) the person carrying on the business conducted at those premises; or\n\n(b) if that person cannot be identified — the person in charge of that business;\n\nretail pet meat shop means premises at which pet meat that is not in a closed package is sold by way of retail sale (whether or not pet meat that is in a closed package is also sold).\n\n### Division 2 — Adoption of certain Australian Standards\n\n##### 18. Adoption of certain Australian Standards (s. 144(6))\n\n(1) Under section 144(6) of the Act, these standards are adopted as in force from time to time and with the modifications described in regulation 19 —\n\n(a) the *Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption* (AS 4696);\n\n(b) the *Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption* (AS 4466);\n\n(c) the *Australian Standard for the Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption* (AS 5010);\n\n(d) the *Australian Standard for Hygienic Production of Crocodile Meat for Human Consumption* (AS 4467);\n\n(e) the *Australian Standard for Hygienic Production of Wild Game Meat for Human Consumption* (AS 4464);\n\n(f) the *Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption* (AS 4465);\n\n(g) the *Australian Standard for the Hygienic Production of Natural Casings for Human Consumption* (AS 5011);\n\n(h) the *Australian Standard for the Hygienic Rendering of Animal Products* (AS 5008).\n\n(2) The wild game standard is adopted only to the extent to which it applies to game.\n\n(3) The CEO is to make copies of the adopted standards available for public inspection during normal business hours at the offices of the Department at Grace Vaughan House, 227 Stubbs Terrace, Shenton Park.\n\n(4) In subregulation (3) —\n\nDepartment means the department of the Public Service principally assisting in the administration of the Act.\n\n##### 19. Modification of adopted standards\n\n(1) A reference in an adopted standard to the Controlling Authority is to be read as a reference to the CEO.\n\n(2) A reference in an adopted standard to an inspector or a meat safety inspector is to be read as a reference to an authorised officer.\n\n(3) A reference in the meat standard to a meat transport vehicle or a meat carrying compartment is to be read as not including a reference to a vehicle, or any part of a vehicle, used in the conduct of a food business for the purpose of transporting wrapped meat from retail premises to a customer who purchased the meat by way of retail sale.\n\n(4) The CEO, in the CEO’s capacity as the Controlling Authority referred to the meat standard, wild game standard or a standard adopted under regulation 18(1)(b), (c) or (d), is not to approve a quality assurance programme or arrangement under the standard in respect of any premises unless satisfied that at least one authorised officer will be present when any animals are slaughtered for human consumption at those premises.\n\n### Division 3 — Inspection and branding\n\n##### 20. Application of Division to primary producers\n\n(1) In this regulation —\n\nprimary producer means a person who carries on a farming or grazing business on land that is —\n\n(a) zoned for rural purposes under a local planning scheme under the *Planning and Development Act 2005*; and\n\n(b) used solely or principally for farming or grazing purposes or for both of those purposes.\n\n(2) This Division does not apply in relation to an animal that is to be slaughtered —\n\n(a) by or for a primary producer; and\n\n(b) on the land on which the primary producer carries on the farming or grazing business; and\n\n(c) for consumption by the primary producer or the primary producer’s family or employees.\n\n##### 21. Inspection of animals and carcases at abattoirs\n\n(1) Subregulation (2) applies if an adopted standard requires an animal to be inspected before it is slaughtered.\n\n(2) The proprietor of an abattoir must ensure that, before an animal is slaughtered, it is inspected by an authorised officer in accordance with the adopted standard.\n\nPenalty: a fine of $5 000.\n\n(3) Subregulation (4) applies if an adopted standard requires the carcase to be inspected after an animal is slaughtered.\n\n(4) The proprietor of an abattoir must ensure that, after an animal is slaughtered, the carcase is inspected by an authorised officer in accordance with the adopted standard.\n\nPenalty: a fine of $5 000.\n\n(5) This regulation does not apply to —\n\n(a) the proprietor of an abattoir in the district of Kellerberrin or Kondinin; or\n\n(b) the proprietor of an abattoir that is a registered establishment.\n\n##### 22. Branding carcases if fit for human consumption\n\n(1) The proprietor of an abattoir at which a carcase is inspected and passed as fit for human consumption must ensure the carcase is branded in accordance with regulation 24 by the use of an appropriate brand approved by the CEO for the purposes of this regulation.\n\nPenalty: a fine of $5 000.\n\n(2) A brand approved by the CEO to brand a carcase for the purposes of this regulation is to include a means of identifying the premises at which the animal was slaughtered.\n\n(3) Subregulation (1) does not apply in relation to —\n\n(a) a carcase of poultry; or\n\n(b) a carcase of an animal slaughtered in the district of Kellerberrin or Kondinin; or\n\n(c) a carcase that is to be processed in a boning room (whether located at the abattoir or at separate premises) if the carcase is tagged with a tag specifying the name of the abattoir and the date on which the animal was slaughtered.\n\n[Regulation 22 amended: Gazette 11 Aug 2015 p. 3219.]\n\n##### 23. Branding carcases if fit for consumption by animals\n\n(1) The proprietor of animal food processing premises at which a carcase is inspected and passed as fit for consumption by animals must ensure that the carcase is branded in accordance with regulation 24 by the use of an appropriate brand approved by the CEO for the purposes of this regulation.\n\nPenalty: a fine of $5 000.\n\n(2) A brand approved by the CEO to brand a carcase for the purposes of this regulation is to include a means of identifying the premises at which the animal was slaughtered.\n\n(3) Subregulation (1) does not apply in relation to a carcase of poultry.\n\n##### 24. How carcases are to be branded\n\n(1) This regulation applies to a carcase that is to be branded under regulation 22 or 23.\n\n(2) Except for rabbits, the carcase is to be branded on each side.\n\n(3) For a bovine, the carcase is to be branded —\n\n(a) on the outside of the buttock; and\n\n(b) on the outside of the ribs; and\n\n(c) on the shoulder.\n\n(4) For a sheep, goat or deer, the carcase is to be branded —\n\n(a) on the outside of the leg; and\n\n(b) on the shoulder.\n\n(5) For a pig, the carcase is to be branded —\n\n(a) on the outside of the leg; and\n\n(b) on the outside of the loin; and\n\n(c) on the shoulder; and\n\n(d) on the outside of the cheek.\n\n(6) For game other than a rabbit, goat, deer or pig, the carcase is to be branded —\n\n(a) on the outside of the buttock; and\n\n(b) on the shoulder.\n\n(7) For a rabbit, the carcase is to be branded on one side of the neck.\n\n(8) A brand applied to a carcase under this regulation is to be —\n\n(a) coloured red for a carcase passed as fit for human consumption or blue for a carcase passed as fit for consumption by animals; and\n\n(b) made from a substance listed in a Schedule to FSC standard 1.3.1.\n\n##### 25. Branding carcases if unfit for human consumption or unfit for consumption by animals\n\n(1) The proprietor of an abattoir must ensure that a carcase, other than a carcase of poultry, that is rejected, or a portion of which is rejected, as unfit for human consumption is branded in accordance with subregulation (3).\n\nPenalty: a fine of $5 000.\n\n(2) The proprietor of animal food processing premises must ensure that a carcase, other than a carcase of poultry, that is rejected, or a portion of which is rejected, as unfit for consumption by animals is branded in accordance with subregulation (3).\n\nPenalty: a fine of $5 000.\n\n(3) The carcase is to be branded on the shoulders, loins and legs, or on the portion of the carcase that is rejected, with a brand approved by the CEO for the purposes of this regulation.\n\n(4) A brand approved by the CEO to brand a carcase for the purposes of this regulation is to include a means of identifying the premises at which the animal was slaughtered.\n\n(5) A brand applied to a carcase under this regulation is to be coloured blue and made from a substance listed in a Schedule to FSC standard 1.3.1.\n\n##### 26. Offences relating to brands or tags\n\n(1) A person other than an authorised officer or a person acting on the direction of an authorised officer must not brand or tag a carcase for the purposes of regulation 22.\n\nPenalty: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to a carcase branded or tagged at a registered establishment.\n\n(3) A person must not, for a purpose relating to fitness for consumption, brand or tag a carcase or cause a carcase to be branded or tagged except in accordance with this Division.\n\nPenalty: a fine of $5 000.\n\n(4) A person must not remove from a carcase before it is sold by way of retail sale a brand applied to the carcase under this Division.\n\nPenalty: a fine of $5 000.\n\n(5) A person must not remove from a carcase before it is processed in a boning room a tag attached to the carcase under regulation 22(3)(c).\n\nPenalty: a fine of $5 000.\n\n[Regulation 26 amended: Gazette 11 Aug 2015 p. 3220.]\n\n##### 27. Restrictions on sale of carcases\n\n(1) Unless a carcase is branded in accordance with this Division, a person must not —\n\n(a) sell the carcase; or\n\n(b) offer or expose the carcase for sale; or\n\n(c) possess the carcase for the purpose of sale.\n\nPenalty: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to a carcase intended for human consumption that —\n\n(a) under regulation 22(3)(a) or (c) is not required to be branded; or\n\n(b) under regulation 22(3)(b) is not required to be branded and is sold, offered or exposed for sale, or possessed for the purpose of sale in the district of Kellerberrin or Kondinin.\n\n[Regulation 27 amended: Gazette 11 Aug 2015 p. 3220.]\n\n### Division 4 — Pet meat\n\n#### Subdivision 1 — Preliminary\n\n##### 28. Term used: proprietor\n\nIn this Division —\n\nproprietor, of a retail pet meat shop, means —\n\n(a) the person carrying on the business conducted at the retail pet meat shop; or\n\n(b) if that person cannot be identified — the person in charge of that business.\n\n#### Subdivision 2 — Staining of pet meat\n\n##### 29. Term used: dressing\n\nIn this Subdivision —\n\ndressing, of an animal, means the process by which a dead animal becomes a carcase, which includes the removal, as appropriate, of the head, feet, hide, skin, hair, feathers, viscera, genital organs and urinary tract.\n\n##### 30. Requirement for pet meat to be stained\n\n(1) The proprietor of animal food processing premises must ensure that any pet meat produced at those premises —\n\n(a) is subjected to a heat treatment process approved by the appropriate enforcement agency; or\n\n(b) is stained in accordance with regulation 31.\n\nPenalty: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to pet meat produced at animal food processing premises if, immediately after the dressing of the animal from which the pet meat is produced, the pet meat is placed in a closed package —\n\n(a) that complies with the requirements for a closed package in regulation 33(1); and\n\n(b) that has a mass not greater than 1 kg.\n\n##### 31. How pet meat is to be stained\n\nFor the purposes of regulation 30(1)(b), pet meat is to be stained with a blue dye made from a substance listed in a Schedule to FSC standard 1.3.1 —\n\n(a) after the dressing of the animal from which the pet meat is produced; and\n\n(b) in such a manner that the staining remains visible if the pet meat is broken up for sale.\n\n##### 32. Removal of stain from pet meat prohibited\n\nA person must not remove, or attempt to remove, the stain applied to pet meat in accordance with regulation 31.\n\nPenalty: a fine of $5 000.\n\n#### Subdivision 3 — Requirements relating to packaged and unpackaged pet meat\n\n##### 33. Pet meat sold by food businesses to be packaged\n\n(1) The proprietor of a food business must ensure that pet meat is not sold from premises at which the business is conducted unless the pet meat is in a closed package —\n\n(a) that is not damaged; and\n\n(b) that is made of an impervious material; and\n\n(c) that is sealed in such a way that —\n\n(i) the package cannot be opened and resealed without it being evident that the package has been opened and resealed; and\n\n(ii) liquid cannot escape from the package;\n\nand\n\n(d) that has “Pet Meat — Not for Human Consumption” prominently displayed on it in letters not less than 5 mm in height.\n\nPenalty: a fine of $5 000.\n\n(2) The proprietor of a food business must ensure that, if both food and packages of pet meat are stored or displayed at premises at which the business is conducted, an impervious barrier separates the food and the packages of pet meat.\n\nPenalty: a fine of $5 000.\n\n##### 34. Unpackaged pet meat to be sold only at animal food processing premises or retail pet meat shops\n\nA person must not sell pet meat that is not in a closed package except at animal food processing premises, or a retail pet meat shop, in respect of which notification has been given under regulation 40.\n\nPenalty: a fine of $5 000.\n\n##### 35. Unpackaged pet meat to be stored at animal food processing premises and retail pet meat shops in marked containers\n\n(1) The proprietor of animal food processing premises, or a retail pet meat shop, must ensure that any pet meat —\n\n(a) that is not in a closed package; and\n\n(b) that is stored at the premises or shop for the purpose of sale,\n\nis stored in a container that complies with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n(2) The container is to have displayed on it —\n\n(a) in the case of animal food processing premises — the address of the premises and the name of the business conducted at those premises; and\n\n(b) in the case of a retail pet meat shop — the address of the animal food processing premises from which the pet meat was supplied and the name of the business conducted at those premises; and\n\n(c) in either case — “Pet Meat — Not for Human Consumption” in letters not less than 10 mm in height.\n\n##### 36. Unpackaged pet meat and food not to be processed, handled or sold at same food business premises\n\n(1A) In this regulation —\n\npoultry processing premises has the same meaning as in the poultry standard;\n\npoultry standard means the standard adopted under regulation 18(1)(f).\n\n(1) The proprietor of a food business must ensure that no pet meat other than pet meat that is in a closed package is processed, handled, stored or sold in or from the premises in or from which food is processed, handled, stored or sold.\n\nPenalty: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to the handling or storage of pet meat in an abattoir if the requirements stated in clauses 17.1 to 17.9 and 17.12 to 17.14 of the meat standard are, to the extent applicable, complied with in relation to the handling or storage of that pet meat.\n\n(3) Subregulation (1) does not apply to the handling or storage of pet meat in a wild game meat processing establishment if the requirements stated in Section 13 (Animal Food and Pharmaceutical Material) of the wild game standard are, to the extent applicable, complied with in relation to the handling or storage of that pet meat.\n\n(4) Subregulation (1) does not apply to the handling or storage of pet meat in poultry processing premises if the requirements stated in clauses 15.148 and 15.149 of the poultry standard are, to the extent applicable, complied with in relation to the handling or storage of that pet meat.\n\n(5) Subregulation (1) does not apply to the processing, handling, storage or sale of pet meat at premises if the pet meat, before it became pet meat, was processed, handled or stored as food at those premises.\n\n[Regulation 36 amended: Gazette 20 Apr 2012 p. 1697.]\n\n#### Subdivision 4 — Other requirements\n\n##### 37. Proprietor of animal food processing premises to establish and maintain system for tracing pet meat\n\nThe proprietor of animal food processing premises —\n\n(a) must establish and maintain a system that enables, to the extent reasonably possible, any pet meat supplied from those premises —\n\n(i) to be identified as having been supplied from those premises; and\n\n(ii) to be traced by the proprietor to the person who supplied to those premises the carcases from which the pet meat was produced; and\n\n(iii) to be recalled by the proprietor;\n\nand\n\n(b) must have a written plan that documents that system.\n\nPenalty: a fine of $5 000.\n\n##### 38. Meat and game meat for human consumption not to be stored in animal food processing premises\n\nThe proprietor of animal food processing premises must ensure that no meat or game meat, for human consumption, is stored at those premises.\n\nPenalty: a fine of $5 000.\n\n##### 39. Pet meat not to be sold as food\n\n(1) In this regulation —\n\nproprietor, of a business, in relation to premises at which the business is conducted, means —\n\n(a) the person carrying on the business conducted at those premises; or\n\n(b) if that person cannot be identified — the person in charge of that business.\n\n(2) The proprietor of a business must ensure that no pet meat branded as fit for consumption by animals is sold as food from premises at which the business is conducted.\n\nPenalty: a fine of $5 000.\n\n#### Subdivision 5 — Notification of conduct of business at animal food processing premises and retail pet meat shops\n\n##### 40. Notification of conduct of business at animal food processing premises and retail pet meat shops\n\nThe proprietor of animal food processing premises, or of a retail pet meat shop, must not conduct business at those premises or that shop unless the proprietor has given written notification, in the approved form, to the appropriate enforcement agency that sets out —\n\n(a) the contact details for the premises or shop, including the name of the business conducted at the premises or shop, the address of the premises or shop and the name and address of the proprietor; and\n\n(b) a description of the business that is conducted at the premises or shop.\n\nPenalty: a fine of $5 000.\n\n### Division 5 — Statements and inspection fees\n\n##### 41. Statements and inspection fees\n\n(1) The proprietor of an abattoir at which animals or carcases are inspected as required under this Part must lodge with the appropriate enforcement agency a signed statement, in a form approved by and at the times determined by the enforcement agency, setting out the information required by the enforcement agency about animals slaughtered at the abattoir.\n\nPenalty: a fine of $5 000.\n\n(2) The proprietor of an abattoir at which animals or carcases are inspected as required under this Part must pay to the appropriate enforcement agency, in accordance with subregulation (3), the appropriate fee set out in Schedule 1 for each inspection.\n\nPenalty: a fine of $5 000.\n\n(3) Fees under subregulation (2) —\n\n(a) are payable weekly, fortnightly or monthly, as determined by the appropriate enforcement agency; and\n\n(b) are to be paid within 7 days after the end of the week, fortnight or month in which the inspections are carried out.\n\n(4) If the appropriate enforcement agency does not make a determination for the purposes of subregulation (3) in relation to a fee, the fee is payable monthly.\n\n##### 42. Application of inspection fees\n\n(1) A local government to which a fee is paid under regulation 41 is to credit the amount of the payment to an account —\n\n(a) established and maintained by the local government for the purposes of this subregulation; and\n\n(b) to be called the [*name of local government*] Meat Inspection Account.\n\n(2) Any funds standing to the credit of an account referred to in subregulation (1)(b) are to be applied by the local government only to the payment of the costs of inspections carried out by authorised officers under Division 3 at premises in the district of the local government.\n\n(3) An account maintained by a local government under the *Health (Miscellaneous Provisions) Act 1911* section 246F(4)(b) 2 immediately before the commencement of this regulation may be used by the local government for the purposes of subregulation (1).\n\n[Regulation 42 amended: Gazette 10 Jan 2017 p. 254.]\n\n##### 43. Local governments may require security\n\n(1) A local government may require a person to provide security, in a form approved by the local government, for the payment of fees by the person to the local government under regulation 41.\n\n(2) If security is to be provided under subregulation (1) in the form of a contract of insurance, the local government may require that the contract provides for the local government to be a joint insured or a beneficiary.\n\n(3) A person who has provided security to a local government under subregulation (1) may apply in writing to the local government for the security to be discharged.\n\n##### 44. Application of security to recover unpaid fees\n\n(1) If any fees —\n\n(a) are due and payable by a person under regulation 41 to a local government; and\n\n(b) have not been paid within 30 days after notice requiring the fees to be paid is served on the person by the local government,\n\nthe local government may use any security provided by the person under regulation 43(1) to recover the amount of the unpaid fees.\n\n(2) Subregulation (1) does not limit the means by which unpaid fees that are due and payable to a local government under regulation 41 may be recovered.\n\n##### 45. Withdrawal of inspection services\n\n(1) A local government may decide not to provide authorised officers to carry out inspections at an abattoir at which inspections are required under this Part until the proprietor of the abattoir —\n\n(a) pays any fees due and payable under the Act or these regulations to the local government by the proprietor; or\n\n(b) complies with any order or direction lawfully given to the proprietor under the Act or these regulations; or\n\n(c) provides any security that the local government has required the proprietor to provide under regulation 43(1).\n\n(2) A local government is not to make a decision under subregulation (1)(a) or (c) unless the local government —\n\n(a) has given written notice of the local government’s intention to make the decision to the proprietor of the abattoir; and\n\n(b) has stated in the notice that the proprietor has a period (which is to be at least 7 days after the notice is given) to make submissions to the local government in relation to that intention; and\n\n(c) has had regard to any submissions made within that period.\n\n### Division 6 — Premises used in meat production\n\n##### 46. Abattoirs and processing premises to comply with requirements of adopted standards\n\n(1) The proprietor of an abattoir must ensure that the abattoir complies with the requirements of any adopted standard that apply to the abattoir.\n\nPenalty: a fine of $5 000.\n\n(2) The proprietor of processing premises must ensure that the premises comply with the requirements of any adopted standard that apply to the premises.\n\nPenalty: a fine of $5 000.\n\n##### 47. Slaughtering and processing to comply with requirements of adopted standards\n\n(1) The proprietor of an abattoir must ensure that the slaughtering of any animal at the abattoir complies with the requirements of any adopted standard that apply to that slaughtering.\n\nPenalty: a fine of $5 000.\n\n(2) Despite subregulation (1), the proprietor of an abattoir in the district of Kellerberrin or Kondinin is not required to comply with clauses 10.1, 10.2, 10.3, 10.5 and 10.11 of the meat standard.\n\n(3) The proprietor of processing premises must ensure that the processing of meat or manufacturing of smallgoods at the premises complies with the requirements of any adopted standard that apply to that processing or manufacturing.\n\nPenalty: a fine of $5 000.\n\n### Division 7 — Premises used in game meat production\n\n##### 48. Field depots to comply with requirements of wild game standard\n\n(1) The proprietor of a field depot must ensure that the field depot complies with the requirements of the wild game standard that apply to the field depot.\n\nPenalty: a fine of $5 000.\n\n(2) The proprietor of a field depot must not cause or permit a carcase of game to be stored at the field depot unless —\n\n(a) the game was slaughtered and the carcase is tagged in accordance with the wild game standard; and\n\n(b) any other requirement of that standard relating to the storage of a carcase of game is complied with.\n\nPenalty: a fine of $5 000.\n\n##### 49. Wild game meat processing establishments to comply with requirements of wild game standard\n\n(1) In this regulation —\n\nrequirements of the wild game standard means the requirements of that standard that relate to game.\n\n(2) The proprietor of a wild game meat processing establishment must ensure that the establishment complies with the requirements of the wild game standard that apply to the establishment.\n\nPenalty: a fine of $5 000.\n\n(3) The proprietor of a wild game meat processing establishment must ensure that the food business conducted at the establishment complies with the requirements of the wild game standard that apply to that food business.\n\nPenalty: a fine of $5 000.\n\n### Division 8 — Transporting meat and game meat\n\n##### 50. Vehicles transporting meat or game meat\n\nThe proprietor of a food business in which a food transport vehicle is used for the transport of meat or game meat must ensure that the vehicle complies with, and is operated in accordance with, the requirements of any adopted standard that apply to, or to the operation of, the vehicle.\n\nPenalty: a fine of $5 000.\n\n## Part 6 — Miscellaneous\n\n##### 51. Enforcement agency may make list of food businesses publicly available\n\nAn enforcement agency may make a list of food businesses maintained by the agency under section 115(a) or (b) of the Act, or any part of such a list, publicly available.\n\n##### 52. Prescribed fees\n\nThe fee specified in Schedule 2 column 3 opposite a provision of the Act specified in Schedule 2 column 2 is the prescribed fee for that provision of the Act.\n\n##### 53. Prescribed offences and modified penalties (s. 126)\n\nFor section 126 of the Act —\n\n(a) the offences specified in Schedule 3 column 2 are prescribed offences; and\n\n(b) the amount of money specified in Schedule 3 column 3 opposite an offence specified in Schedule 3 column 2 is the modified penalty for that offence if committed by an individual; and\n\n(c) the amount of money specified in Schedule 3 column 4 opposite an offence specified in Schedule 3 column 2 is the modified penalty for that offence if committed by a body corporate.\n\n##### 54. Prescribed forms (s. 126(3) and (7))\n\n(1) For section 126(3) of the Act, the prescribed form of an infringement notice is set out in Schedule 4.\n\n(2) For section 126(7) of the Act, the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 5.\n\n[Part 7 (r. 55‑63) deleted: Gazette 20 Apr 2012 p. 1697.]\n\nSchedule 1 — Inspection fees\n\n[r. 41]\n\n|  | **Local government** | **Fee per animal ($)** | | |\n| --- | --- | --- | --- | --- |\n|  |  | **Pigs** | **Bovines**   (70 kg & under)    **and other animals** | **Bovines** (over 70 kg) |\n| 1. | Bunbury................................ | 2.00 | 0.45 | 2.70 |\n| 2. | Canning ............................... | — | 1.38 | — |\n| 3. | Coolgardie ........................... | 9.90 | 3.85 | — |\n| 4. | Corrigin ............................... | 5.88 | 1.65 | 9.00 |\n| 5. | Esperance ............................ | 2.20 | 0.52 | 4.11 |\n| 6. | Gingin .................................. | — | 0.33 | 4.23 |\n| 7. | Greenough ........................... | 6.50 | 1.85 | 10.20 |\n| 8. | Harvey ................................. | — | 1.19 | 7.60 |\n| 9. | Northam ............................... | — | 0.85 | 7.59 |\n| 10. | Rockingham ........................ | — | 0.60 | — |\n| 11. | Tammin ............................... | — | 1.00 | — |\n| 12. | Wyndham/East Kimberley .. | — | 0.55 | 4.40 |\n| 13. | Waroona .............................. | 1.38 | 0.85 | — |\n\n\n[Schedule 1 amended: Gazette 20 Sep 2011 p. 3799; 20 Mar 2015 p. 906; 28 Jul 2015 p. 3083; SL 2021/40 r. 4; SL 2022/136 r. 4.]\n\nSchedule 2 — Prescribed fees\n\n[r. 52]\n\n[Heading inserted: SL 2025/104 r. 4.]\n\n| **Column 1**<br>**Item** | **Column 2**<br>**Provision of *Food Act 2008*** | **Column 3**<br>**Prescribed fee** |\n| --- | --- | --- |\n| 1. | s. 82(3)(b) | $300 |\n| 2. | s. 88(3)(b) | $300 |\n| 3. | s. 94(3)(b) | $300 |\n| 4. | s. 107(3) | $90 |\n| 5. | s. 110(3)(c) | $280 |\n\n\n[Schedule 2 inserted: SL 2025/104 r. 4.]\n\nSchedule 3 — Prescribed offences and modified penalties\n\n[r. 53]\n\n| **Item** | **Offence under *Food Act 2008*** | **Modified penalty (individual)** | **Modified penalty   (body corporate)** |\n| --- | --- | --- | --- |\n| 1. | s. 19(2) | $500 | $1 000 |\n| 2. | s. 19(3) | $500 | $1 000 |\n| 3. | s. 22(1) | $250 | $1 000 |\n| 4. | s. 22(2) | $500 | $1 000 |\n| 5. | s. 22(3) | $500 | $1 000 |\n| 6. | s. 22(4) | $500 | $1 000 |\n| 7A. | s. 36 | $500 | $1 000 |\n| 7B. | s. 45(1) | $500 | $1 000 |\n| 7C. | s. 46 | $500 | $1 000 |\n| 7D. | s. 48(1) | $500 | ‑ |\n| 7E. | s. 48(2) | $500 | ‑ |\n| 7F. | s. 48(3) | $500 | ‑ |\n| 7. | s. 68 | $500 | $1 000 |\n| 8. | s. 84 | $150 | ‑ |\n| 9. | s. 90 | $150 | ‑ |\n| 10. | s. 96(1) | $150 | ‑ |\n| 11. | s. 99(2) | $500 | $1 000 |\n| 12. | s. 106(1) | $500 | ‑ |\n| 13. | s. 106(2) | $500 | ‑ |\n| 14. | s. 106(3) | $500 | ‑ |\n| 15. | s. 107(1) | $250 | $1 000 |\n| 16. | s. 109(1) | $500 | $1 000 |\n| 17. | s. 113 | $500 | $1 000 |\n\n| **Item** | **Offence under *Food Regulations 2009*** | **Modified penalty (individual)** | **Modified penalty   (body corporate)** |\n| --- | --- | --- | --- |\n| 18. | r. 15(2) | $500 | $1 000 |\n| 19. | r. 16(2) | $500 | $1 000 |\n| 20. | r. 21(2) | $500 | $1 000 |\n| 21. | r. 21(4) | $500 | $1 000 |\n| 22. | r. 22(1) | $500 | $1 000 |\n| 23 | r. 23(1) | $500 | $1 000 |\n| 24. | r. 25(1) | $500 | $1 000 |\n| 25. | r. 25(2) | $500 | $1 000 |\n| 26. | r. 26(1) | $500 | $1 000 |\n| 27. | r. 26(3) | $500 | $1 000 |\n| 28. | r. 26(4) | $500 | $1 000 |\n| 29. | r. 27(1) | $500 | $1 000 |\n| 30. | r. 30(1) | $500 | $1 000 |\n| 31. | r. 32 | $500 | $1 000 |\n| 32. | r. 33(1) | $500 | $1 000 |\n| 33. | r. 33(2) | $500 | $1 000 |\n| 34. | r. 34 | $500 | $1 000 |\n| 35. | r. 35(1) | $500 | $1 000 |\n| 36. | r. 36(1) | $500 | $1 000 |\n| 37. | r. 37 | $500 | $1 000 |\n| 38. | r. 38 | $500 | $1 000 |\n| 39. | r. 39(2) | $500 | $1 000 |\n| 40. | r. 40 | $500 | $1 000 |\n| 41. | r. 41(1) | $500 | $1 000 |\n| 42 | r. 41(2) | $500 | $1 000 |\n| 43. | r. 46(1) | $500 | $1 000 |\n| 44. | r. 46(2) | $500 | $1 000 |\n| 45. | r. 47(1) | $500 | $1 000 |\n| 46. | r. 47(3) | $500 | $1 000 |\n| 47. | r. 48(1) | $500 | $1 000 |\n| 48. | r. 48(2) | $500 | $1 000 |\n| 49. | r. 49(2) | $500 | $1 000 |\n| 50. | r. 49(3) | $500 | $1 000 |\n| 51. | r. 50 | $500 | $1 000 |\n\n\n[Schedule 3 amended: Gazette 20 Apr 2012 p. 1697‑8.]\n\nSchedule 4 — Infringement notice\n\n[r. 54(1)]\n\n- *Food Act 2008 s. 126(3) and Food Regulations 2009 r. 54(1)***Infringement Notice** Notice No.\n- **Alleged offender** Family name or\nbody corporate name and ACN\n- Other names\n- Address No. Street name\n- Postcode\n- **Alleged offence***[*delete whichever\nis not applicable]* Description of offence\n- **Food Act 2008* s. ________**Food Regulations 2009* r. ________The modified penalty for the offence is $\n- Where and when offence committed\n- **Designated officer issuing notice** Name and title of officer and\nname of enforcement agency\n- Signature\n- Date of notice\n- **Notice to alleged offender** It is alleged that you have committed the above offence.If you do not wish to be prosecuted for the alleged offence in a court, you may pay the modified penalty within 28 days after the date of this notice.\n- **How to pay** **By post** Send the “Cashier’s Copy” of this notice and a cheque or money order payable to [*relevant details*] to [*details of relevant enforcement agency*]. **In person** Take the “Cashier’s Copy” of this notice and pay the cashier at [*details of relevant enforcement agency*].\n- **If you do not pay** the modified penalty within 28 days, you may be prosecuted for the alleged offence in a court or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.\n- **If you need more time** to pay the modified penalty, you can apply for an extension of time by writing to [*details of relevant enforcement agency*].\n- **If you want this matter to be dealt with by prosecution in court,** sign the “Cashier’s Copy” of this notice here\n_________________________________________________\nand post it to [*details of relevant enforcement agency*] within 28 days after the date of this notice.\n\n\n[Schedule 4 amended: Gazette 20 Aug 2013 p. 3852; SL 2020/168 r. 4.]\n\nSchedule 5 — Notice to withdraw infringement notice\n\n[r. 54(2)]\n\n- *Food Act 2008 s. 126(7) and Food Regulations 2009 r. 54(2)***Withdrawal of infringement notice** Notice No.\n- **Alleged offender** Family name or\nbody corporate name and ACN\n- Other names\n- Address No. Street name\n- Postcode\n- **Infringement notice** Infringement notice No.\n- Date of issue\n- **Alleged offence***[*delete whichever\nis not applicable]* Description of offence ___________________________________\n- **Food Act 2008* s. ________**Food Regulations 2009* r. _________\n- **Designated officer withdrawing notice** Name and title of officer and\nname of enforcement agency\n- Signature\n- Date of notice\n- **Withdrawal of infringement notice***[*delete whichever\nis not applicable]* The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund.*Your refund is enclosed.*or**If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to [*details of relevant enforcement agency*].Signature\n\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Food Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, or versions that include editorial changes made under the *Legislation Act 2021* Part 3, see the compilation table. For provisions affected by editorial changes see the editorial changes table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Food Regulations 2009* | 23 Oct 2009 p. 4095-142 | r. 1 and 2: 23 Oct 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Oct 2009 (see r. 2(b) and *Gazette* 23 Oct 2009 p. 4157) |\n| *Food Amendment Regulations 2011* | 20 Sep 2011 p. 3799 | r. 1 and 2: 20 Sep 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Sep 2011 (see r. 2(b)) |\n| *Food Amendment Regulations 2012* | 20 Apr 2012 p. 1696‑8 | r. 1 and 2: 20 Apr 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Apr 2012 (see r. 2(b)) |\n| *Food Amendment Regulations 2013* | 20 Aug 2013 p. 3852 | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) |\n| *Food Amendment Regulations 2014* | 12 Dec 2014 p. 4713-14 | r. 1 and 2: 12 Dec 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b)) |\n| *Food Amendment Regulations 2015* | 20 Mar 2015 p. 905‑6 | r. 1 and 2: 20 Mar 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Mar 2015 (see r. 2(b)) |\n| **Reprint 1: The *Food Regulations 2009* as at 15 May 2015** (includes amendments listed above) | | |\n| *Food Amendment Regulations (No. 2) 2015* | 19 May 2015 p. 1760 | r. 1 and 2: 19 May 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) |\n| *Food Amendment Regulations (No. 3) 2015* | 28 Jul 2015 p. 3083 | r. 1 and 2: 28 Jul 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 29 Jul 2015 (see r. 2(b)) |\n| *Food Amendment Regulations (No. 4) 2015* | 11 Aug 2015 p. 3219‑20 | r. 1 and 2: 11 Aug 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 12 Aug 2015 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2016* Pt. 2 | 17 Jun 2016 p. 2101-5 | 1 Jul 2016 (see r. 2(b)) |\n| *Health Services (Consequential Amendments) Regulations 2016* Pt. 2 | 24 Jun 2016 p. 2311‑15 | 1 Jul 2016 (see r. 2(b) and *Gazette* 24 Jun 2016 p. 2291) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt.6 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 2 | 30 Jun 2017 p. 3568‑74 | 1 Jul 2017 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2018* Pt. 2 | 25 May 2018 p. 1632‑9 | 1 Jul 2018 (see r. 2(b)) |\n| **Reprint 2: The *Food Regulations 2009* as at 3 Aug 2018** (includes amendments listed above) | | |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2019* Pt. 2 | 14 Jun 2019 p. 1883‑94 | 1 Jul 2019 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2020* Pt. 2 | SL 2020/97 26 Jun 2020 | 1 Jul 2020 (see r. 2(b)) |\n| *Health Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 2 | SL 2020/168 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n| *Food Amendment Regulations 2021* | SL 2021/40 9 Apr 2021 | r. 1 and 2: 9 Apr 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Apr 2021 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 2 | SL 2021/108 29 Jun 2021 | 1 Jul 2021 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 2 | SL 2022/136 15 Jul 2022 | 16 Jul 2022 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 2 | SL 2023/96 30 Jun 2023 | 1 Jul 2023 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2024* Pt. 2 | SL 2024/91 12 Jun 2024 | 1 Jul 2024 (see r. 2(b)) |\n| ***Food Regulations 2009* with editorial changes as at 31 Mar 2025** | | |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2025* Pt. 2 | SL 2025/104 25 Jun 2025 | 1 Jul 2025 (see r. 2(b)) |\n\n\nEditorial changes table\n\nThe *Legislation Act 2021* Part 3 authorises the Parliamentary Counsel to make editorial changes to laws. This power cannot be used to change the effect of a law. If an editorial change is made to a law, the law has effect as if the change had been made by another law that amended the law and commenced on the day on which the change is made.\n\nTo see the editorial changes included in a version of a law, see the compare document for that version on the WA legislation website.\n\n| **Provision/s affected** | **Authorising provision of *Legislation Act 2021* Part 3** | **Effective date**   **of change** |\n| --- | --- | --- |\n| r. 3 | s. 25(4) | 31 Mar 2025 |\n\n\nOther notes\n\n1 The *Food Act 2008* s. 147(14) commenced 24 Oct 2009.\n\n2 Deleted by the *Food Act 2008* s. 147(11).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nabattoir 3\n\nadopted standard 17\n\nanimal 17\n\nanimal food processing premises 3, 17\n\nauthorised officer 17\n\nbivalve mollusc 4(1)\n\ncarcase 17\n\ndairy primary production business 4(1)\n\ndairy processing business 4(1)\n\ndairy transport business 4(1)\n\nDepartment 18(4)\n\ndistrict 3\n\ndressing 29\n\nexempted food business 10(1), 11, 12, 13\n\nfield depot 17\n\nFSC standard 3\n\ngame 17\n\ngame meat 17\n\nKing’s Park 4(1)\n\nknackery 17\n\nmanufacturing of seafood 4(1)\n\nmeat 17\n\nmeat standard 17\n\npathogen 14\n\npet meat 17\n\npet meat processing establishment 17\n\npotentially hazardous food 9\n\npoultry 17\n\npoultry processing premises 36(1A)\n\npoultry standard 36(1A)\n\nprimary producer 20(1)\n\nprimary production of seafood 4(1)\n\nprocessing premises 17\n\nproprietor 17, 28, 39(1)\n\npublic hospital 4(1)\n\nregistered establishment 3\n\nrequirements of the wild game standard 49(1)\n\nretail pet meat shop 3, 17\n\nRottnest Island 4(1)\n\nwild game meat processing establishment 3\n\nwild game standard 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as subsidiary legislation supporting the Food Act 2008. While they contain detailed technical provisions (particularly for meat hygiene), this specificity is inherent to food safety regulation rather than scope creep. The structure follows the enabling Act's framework for enforcement agencies, exemptions, and meat hygiene. Recent amendments appear limited to fee updates and minor technical adjustments rather than expansion into new policy areas."},"complexity_factors":["Extensive cross-referencing to external documents: adopts Food Standards Code 'as in force from time to time' and 8 separate Australian Standards (AS 4696, AS 4466, etc.) with specific modification rules in regulation 19","Dual enforcement agency structure: complex conditional logic determining whether CEO or local government has jurisdiction based on business type, location (King's Park, Rottnest Island, districts), and specific exemptions","Nested definitions: 28 defined terms in Part 1 and Division 1 of Part 5, with some terms defined by reference to other standards (e.g., 'bivalve mollusc' defined by reference to FSC standard 4.2.1)","Multiple exemption schemes: Part 3 contains four different exemption categories for food businesses, each with distinct qualifying conditions","Geographic exceptions: specific carve-outs for districts of Kellerberrin and Kondinin (regulations 21(5), 22(3), 27(2), 47(2)) and special rules for King's Park and Rottnest Island","Detailed technical requirements: specific branding locations for different animal species (regulation 24), colour coding (red/blue), and container specifications with precise measurements (5mm/10mm lettering requirements)","Conditional compliance pathways: regulation 36 contains four separate exceptions to the general rule about pet meat handling, each referencing different standards and clauses","Fee schedules with variable rates: Schedule 1 sets different inspection fees across 13 local governments for three animal categories"],"plain_english_summary":"These regulations set out the detailed rules for food safety in Western Australia under the Food Act 2008. They cover who enforces the rules (split between the state CEO and local councils), which food businesses are exempt from certain requirements (like charity fundraisers selling low-risk food), and special rules for meat production—including strict hygiene standards for abattoirs, processing facilities, and pet meat operations. The regulations adopt Australia's national Food Standards Code and specific Australian Standards for meat hygiene, with modifications for WA. Key provisions include mandatory branding of animal carcases, blue staining of pet meat to prevent human consumption, pathogen reporting requirements, and detailed inspection fee schedules for local governments."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulations implement and operationalise the Food Act 2008’s objectives by adopting national food and meat standards, prescribing inspection and branding regimes, and setting fees and penalties. Amendments over time have added fee levels, updated schedules, and refined technical rules (e.g. staining, branding and local district exceptions), but these changes refine implementation rather than expanding the fundamental scope beyond food safety, inspection, traceability and enforcement mechanisms."},"complexity_factors":["Adopts external instruments 'as in force from time to time' (Food Standards Code and multiple Australian Standards) creating ongoing cross-references (regs 7, 18)","Multiple defined terms with definitions spread across regs and cross‑references to other statutes (e.g. Export Control Act, Health Services Act) — high referential density (r.3, defined terms list)","Eight Australian Standards adopted with tailored local modifications (reg 18 and reg 19)","Numerous conditional rules and exceptions (e.g. exemptions for primary producers, district‑specific exceptions for Kellerberrin/Kondinin) (regs 20, 21(5), 22(3)(b), 27(2))","Detailed prescriptive operational requirements (branding locations/colours, staining procedures, packaging specifications) with precise technical conditions (regs 24, 31, 33)","Multiple enforcement pathways and discretionary powers (CEO directions, local government decisions to suspend inspection services, approval of brands/QA programmes) (regs 16, 19(4), 45)","Schedules with numeric fee tables and modified penalties linked to many separate offences (Schedules 1–3)","Procedural time limits and duties (immediate oral notice + written notice within 24 hours) with criminal penalties for non‑compliance (reg 15)","Interplay between fees, security, and recovery mechanisms allowing local governments to require insurance/security and use it to recover unpaid fees (regs 43–44)"],"plain_english_summary":"**What these regulations do (mechanics)**\n\n- Adopt the national Food Standards Code and a set of Australian meat‑hygiene standards as part of Western Australia’s food‑safety rules (regs 7, 18). The meat standards are adopted “as in force from time to time” but with specific local modifications (reg 19).\n\n- Allocate enforcement responsibility between the Department CEO and local governments depending on type and location of the food business (regs 4–5). The CEO is the enforcement agency for specified categories (e.g. dairy primary production, bivalve molluscs, public hospitals, certain reserves and out‑of‑district premises); local governments cover other premises in their district.\n\n- Create a set of narrow exemptions for low‑risk or incidental activities so they do not need full food‑business registration or fees (fundraising that handles only non‑hazardous or immediately served cooked food; sale of closed‑packaged, non‑hazardous food; complimentary drinks incidental to a non‑food business; businesses at registered export establishments) (regs 10–13).\n\n- Require rapid notification to the CEO when specified pathogens are isolated (Listeria, Salmonella, Shigella, verotoxigenic E. coli). Proprietors and laboratory heads must give immediate oral notice and written confirmation within 24 hours (reg 15). The CEO may direct specific procedures (testing, isolation, disposal, handling) and those directions are legally enforceable (reg 16).\n\n- Set a comprehensive meat‑hygiene regime for abattoirs, processing premises, wild game and pet‑meat establishments:\n  - Require inspections by authorised officers before and/or after slaughter where the adopted standards require it (reg 21).\n  - Prescribe branding and tagging rules to identify fitness for human or animal consumption and to identify the premises where slaughter occurred, including colour and location of brands (regs 22–26).\n  - Require abattoirs and processing premises to comply with the adopted Australian Standards (regs 46–47). Some narrow regional exemptions appear for specific districts (regs 21(5), 22(3)(b), 27(2)).\n\n- Regulate pet meat separately: pet meat must be heat‑treated or stained blue (so it is visibly distinguished from food for humans), packaged and labelled as “Pet Meat — Not for Human Consumption” when sold by ordinary food businesses, stored and displayed separately from human food, and traceable and not sold as human food (regs 30–39). Proprietors of pet‑meat premises must notify the enforcement agency before operating (reg 40).\n\n- Prescribe inspection fees, how local governments must hold and use fee money, allow local governments to require security and to suspend inspection services in certain circumstances (regs 41–45; Schedule 1). Schedules set prescribed fees and modified penalties for many offences (regs 52–53; Schedules 2–3). Standard infringement and withdrawal forms are provided (regs 54; Schedules 4–5).\n\n**Who is affected**\n\n- Food business proprietors across the state, especially:\n  - Abattoir and meat‑processing operators (inspection, branding, compliance with adopted standards, fees) (Part 5 generally, regs 21–27, 41–47).\n  - Pet‑meat processors and retail pet‑meat shops (staining, packaging, traceability, notification) (Div. 4, regs 28–40).\n  - Proprietors of food businesses that must notify pathogen isolations (reg 15).\n  - Laboratories isolating pathogens (reg 15).\n  - Local governments and the Department CEO as enforcement agencies (regs 4–5).\n\n- Consumers indirectly: the rules affect how meat and pet meat are presented, inspected and traced, which influences availability and supply chains.\n\n**Why it matters (practical effects, incentives and trade‑offs)**\n\n- Safety and traceability: adopting national standards and requiring inspections, branding and tracing aims to make it easier to identify where meat came from and whether it is safe for human consumption (regs 7, 18, 21, 22, 37). The CEO’s power to direct procedures after pathogen isolation creates a rapid response mechanism (regs 15–16).\n\n- Compliance costs and operational decisions: abattoirs and processing premises must comply with detailed Australian Standards and pay inspection fees (regs 18, 46, 41; Schedule 1). Pet‑meat businesses face specific requirements (staining, packaging, separate storage, traceability) that add processing, labelling and record‑keeping costs (regs 30–39). Local governments may require security or suspend services if fees are unpaid, creating a cash‑flow and risk management incentive for operators (regs 43–45).\n\n- Allocation of administrative discretion: the CEO approves brands and quality‑assurance programs and may issue directions after pathogen notices (regs 19(1)–(4), 22(1)–(2), 16). That concentrates decision power in the enforcement agencies and creates an administrative approval step businesses must pass.\n\n- Small‑scale and primary producers: the regulations carve out narrow exemptions for primary producers slaughtering for on‑farm consumption and for low‑risk fundraising or closed‑package sales (regs 10, 20). Those carve‑outs reduce regulatory burden for some small operators but create bright‑line tests (e.g. “not potentially hazardous” or “closed package”) that can drive product or packaging choices.\n\n- Enforcement and penalties: numerous offences carry fines (commonly $5,000) and many have prescribed infringement (modified) penalties listed in Schedule 3 (regs 15(2), 16(2), 21(2), various in Schedule 3). This creates strong monetary incentives to comply but also exposure to penalties for procedural breaches (e.g. failing to notify a lab finding).\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: food‑business proprietors pay inspection fees (reg 41; Schedule 1), prescribed fees (Schedule 2), and modified penalties for offences (Schedule 3). Local governments incur inspection costs but recover them from fees and must maintain separate accounts for meat inspection receipts (reg 42).\n\n- Who decides: the Department CEO and local governments exercise enforcement discretion — approving brands and QA programs, determining inspection frequency and fee payment timing, issuing directions under pathogen provisions and deciding to withdraw inspection services (regs 4–5, 19, 16, 41–45).\n\n- Behaviour changes the law nudges: businesses will adopt record‑keeping and traceability systems, use approved brands and dyes for pet meat, separate pet meat from human food, seek authorised‑officer presence for inspections, and change packaging or sale methods to rely on exemptions where possible (e.g. selling only closed‑packaged goods to avoid registration).\n\n**Costs, risks and trade‑offs worth noting**\n\n- Concentrated administrative bottlenecks: approvals (brands, QA programs) and reliance on authorised officers create single‑point dependencies; limited availability of authorised officers could constrain operations or delay inspections (regs 19(4), 21).\n\n- Compliance burden falls unevenly: abattoirs, animal food processors and pet‑meat businesses face the bulk of new/ongoing costs (inspection fees, equipment and labelling for staining/packaging, traceability systems) (Div. 3–4, regs 30–41).\n\n- Potential substitution effects: firms may change product form (closed packaging, on‑site cooking for immediate consumption) to fit exemptions and avoid registration/fees (regs 10–11, 33).\n\n- Enforcement risk: the CEO and local governments have discretion to suspend inspection services where fees are unpaid, which could effectively halt a business until arrangements are made (reg 45).\n\n- Administrative and operational trade‑offs: the system funds inspections through user fees (Schedule 1, reg 41), which aligns costs with those inspected but also imposes cash‑flow and compliance obligations on small operators.\n\n**Key provisions to look at directly**\n- Adoption of Food Standards Code and specific exclusion for goat’s milk: regs 7–8.\n- Enforcement agency assignment: regs 4–5.\n- Pathogen notification and CEO directions: regs 14–16.\n- Meat inspection, branding and penalties: regs 17, 21–27.\n- Pet‑meat controls (staining, packaging, traceability, notification): regs 30–40.\n- Inspection fees and financial controls for local governments: regs 41–45 and Schedule 1.\n- Prescribed fees and infringement penalties: regs 52–54 and Schedules 2–3.\n\n(This summary describes the legal mechanics and expected practical effects of the Food Regulations 2009; references in parentheses are to the relevant regulation numbers.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as no legislative content was retrieved. The provided URL returned an error page indicating the resource has been moved or removed during a website upgrade."},"complexity_factors":["No legislative content was available to assess — the source URL returned a 'page not found' error page rather than actual legislative text","Complexity cannot be meaningfully rated without access to the substantive provisions of the regulation"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThis legislation could not be analysed because the page for the **Food Regulations 2009 (Western Australia)** is no longer accessible at the provided URL. The Western Australian government website has undergone system and security upgrades, and the link to this regulation is broken or has moved.\n\n**What this means for you:** No substantive legal content was retrievable from this source. To find the actual Food Regulations 2009 (WA), try:\n- Visiting the [WA Legislation website](https://www.legislation.wa.gov.au) directly\n- Searching for 'Food Regulations 2009' using the site's menu\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the error page"}},"importantCases":[],"_links":{"self":"/api/acts/food-regulations-2009","history":"/api/acts/food-regulations-2009/history","analysis":"/api/acts/food-regulations-2009/analysis","conflicts":"/api/acts/food-regulations-2009/conflicts","importantCases":"/api/acts/food-regulations-2009/important-cases","documents":"/api/acts/food-regulations-2009/documents"}}